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State flexes legal muscle
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| Water flows Tuesday from the John C. Boyle Dam on the Klamath River near Keno. The state of Oregon has entered a lawsuit over how much water should be allocated to fish in the lower Klamath River. |
Oregon asks judge to recognize state's water rights jurisdiction
published April 2, 2003
By DYLAN DARLING
The state of Oregon has advised a federal judge in California that she should recognize the state's jurisdiction over water rights as he considers a lawsuit seeking to allocate more water for fish in the lower Klamath River.
Oregon filed a friend-of-the-court brief in a case pending in the U.S. District Court in Oakland, Calif., in which fishermen, tribes and environmentalists are suing the U.S. Bureau of Reclamation.
The suit, scheduled for a hearing before Judge Saundra Armstrong on April 29, asks the judge to order the Bureau to send more water down the Klamath River to protect threatened coho salmon. Such an order could result in less water available to the Klamath Reclamation Project.
The state doesn't want the lawsuit to interfere with a process it has been working on for more than 25 years - the adjudication of water rights in the Upper Klamath Basin.
"Our goal is that the District Court respects the process in the Klamath Basin," said Kevin Neely, spokesman for Oregon Attorney General's Office.
Since the Klamath Basin adjudication started in 1976, Oregon has invested between $10 million and $15 million in the process.
"The state, in its brief, takes no position on the merits of the case," Neely said. "We filed the brief to protect the integrity of the adjudication."
Though the adjudication was delayed by lawsuits for almost two decades, the Oregon Department of Water Resources has been actively processing water right applications and contested cases for about 10 years.
Reed Marbut, intergovernmental coordinator for department, said there are about 5,600 contested cases, and the department has dealt with about 75 percent of them.
Marbut said the state recognizes that the federal government must administer the Endangered Species Act and treaties with Indian tribes.
"When it gets to water rights, that's a different story," he said. "Water rights are state critters. We are just saying we will have a better handle on the water rights."
Kristen Boyles, an attorney representing the plaintiffs in the suit, said she has no problem with Oregon having an interest in the case, but that her clients are asking for more water to be sent downstream, and not for water rights to be decided.
"This case has nothing to do with the adjudication - it has to do with the (Endangered Species Act) and the needs of the fish on the lower river under the ESA," she said.
While the state of Oregon's brief does not take sides in the lawsuit, several other parties have sided either with fishermen or farmers.
The California counties of Del Norte and Humboldt, the cities of Arcata and Eureka, and the Humboldt Bay Recreation and Conservation District have filed to help the plaintiffs, while Klamath, Siskiyou and Modoc counties have filed to help the defendants.
A number of downstream interests, including the Yurok and Hoopa Valley tribes, and environmental groups, including the Oregon Natural Resources Council, have joined the case as plaintiffs with the original plaintiff, the Pacific Coast Federation of Fishermen's Associations.
The Klamath Water Users Association joined the case as a defendant with the Bureau and NOAA Fisheries.
Glen Spain, spokesman for the PCFFA, said his organization wants more water to come down the Klamath River, but its not trying to take water from farmers. He said that could happen though, because the government has made too many promises for water.
"I don't blame the farmers for the fix that the government got them into, as well as ourselves," he said.
He said if the Bureau follows current guidelines for downstream flows, a fish kill similar to last year's - which resulted in an estimated 33,000 dead salmon - is likely to happen again.
"I'm concerned that the Bureau is setting up a train wreck," he said.
Dan Keppen, executive director for the Klamath Water Users Association, said the group is encouraged that the state sees the importance of the case.
Reporter Dylan Darling covers natural resources. He can be reached at 885-4471, (800) 275-0982, or by e-mail at ddarling@heraldandnews.com.
published April 2, 2003
By DYLAN DARLING
The state of Oregon has advised a federal judge in California that she should recognize the state's jurisdiction over water rights as he considers a lawsuit seeking to allocate more water for fish in the lower Klamath River.
Oregon filed a friend-of-the-court brief in a case pending in the U.S. District Court in Oakland, Calif., in which fishermen, tribes and environmentalists are suing the U.S. Bureau of Reclamation.
The suit, scheduled for a hearing before Judge Saundra Armstrong on April 29, asks the judge to order the Bureau to send more water down the Klamath River to protect threatened coho salmon. Such an order could result in less water available to the Klamath Reclamation Project.
The state doesn't want the lawsuit to interfere with a process it has been working on for more than 25 years - the adjudication of water rights in the Upper Klamath Basin.
"Our goal is that the District Court respects the process in the Klamath Basin," said Kevin Neely, spokesman for Oregon Attorney General's Office.
Since the Klamath Basin adjudication started in 1976, Oregon has invested between $10 million and $15 million in the process.
"The state, in its brief, takes no position on the merits of the case," Neely said. "We filed the brief to protect the integrity of the adjudication."
Though the adjudication was delayed by lawsuits for almost two decades, the Oregon Department of Water Resources has been actively processing water right applications and contested cases for about 10 years.
Reed Marbut, intergovernmental coordinator for department, said there are about 5,600 contested cases, and the department has dealt with about 75 percent of them.
Marbut said the state recognizes that the federal government must administer the Endangered Species Act and treaties with Indian tribes.
"When it gets to water rights, that's a different story," he said. "Water rights are state critters. We are just saying we will have a better handle on the water rights."
Kristen Boyles, an attorney representing the plaintiffs in the suit, said she has no problem with Oregon having an interest in the case, but that her clients are asking for more water to be sent downstream, and not for water rights to be decided.
"This case has nothing to do with the adjudication - it has to do with the (Endangered Species Act) and the needs of the fish on the lower river under the ESA," she said.
While the state of Oregon's brief does not take sides in the lawsuit, several other parties have sided either with fishermen or farmers.
The California counties of Del Norte and Humboldt, the cities of Arcata and Eureka, and the Humboldt Bay Recreation and Conservation District have filed to help the plaintiffs, while Klamath, Siskiyou and Modoc counties have filed to help the defendants.
A number of downstream interests, including the Yurok and Hoopa Valley tribes, and environmental groups, including the Oregon Natural Resources Council, have joined the case as plaintiffs with the original plaintiff, the Pacific Coast Federation of Fishermen's Associations.
The Klamath Water Users Association joined the case as a defendant with the Bureau and NOAA Fisheries.
Glen Spain, spokesman for the PCFFA, said his organization wants more water to come down the Klamath River, but its not trying to take water from farmers. He said that could happen though, because the government has made too many promises for water.
"I don't blame the farmers for the fix that the government got them into, as well as ourselves," he said.
He said if the Bureau follows current guidelines for downstream flows, a fish kill similar to last year's - which resulted in an estimated 33,000 dead salmon - is likely to happen again.
"I'm concerned that the Bureau is setting up a train wreck," he said.
Dan Keppen, executive director for the Klamath Water Users Association, said the group is encouraged that the state sees the importance of the case.
Reporter Dylan Darling covers natural resources. He can be reached at 885-4471, (800) 275-0982, or by e-mail at ddarling@heraldandnews.com.
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